Legal Proceedings
−Removed: Please refer to "Item 3.
−Removed: Legal Proceedings" in our Annual Report on Form 10-K for the year ended September 30, 2021 for information regarding material pending legal proceedings.
+Added: Please refer to “Item 3.
+Added: Legal Proceedings”
+Added: in our 2021 Annual Report on Form 10-K for information regarding material pending legal proceedings.
Except as set forth therein and below, there have been no new material legal proceedings and no material developments in the legal proceedings previously disclosed.
17 unchanged sentences
The SEC filed its response opposing the motion on November 1, 2021.
−Removed: The defendants filed their reply responses to the SEC’s opposition on November 15, 2021.
+Added: The defendants filed their reply to the SEC’s opposition on November 15, 2021.
The motions to dismiss are now under submission and the court has not yet scheduled a hearing date.
2 unchanged sentences
ApplianceSmart Bankruptcy and Other ApplianceSmart Litigation Matters
−Removed: As stated in Item 2 and Note 14 above, on December 9, 2019, ApplianceSmart filed a voluntary petition in the United States Bankruptcy Court for the Southern District of New York seeking relief under Chapter 11 of the Bankruptcy Code.
+Added: As stated above, on October 13, 2021, a hearing was held to consider approval of the Disclosure Statement filed by ApplianceSmart in conjunction with its bankruptcy proceedings.
On December 14, 2021, a hearing was held to confirm ApplianceSmart’s plan for reorganization (the “Plan”).
−Removed: A final decree is expected upon the full satisfaction of the Plan, at which time ApplianceSmart will emerge from Chapter 11.
+Added: On Feb 28, 2022, the court approved ApplianceSmart’s plan for reorganization (the “Plan”), discharging ApplianceSmart of certain debts according to the Plan resulting in the Company recording a gain of approximately $11.4 million, which includes a write-off or adjustment of approximately $11.5 million on the settlement of debts and other liabilities, offset by payments subject to the bankruptcy that were not included as debtor-in-possession liabilities of approximately $149,000.
Ri sk Factors
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.